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Case over tree‑service operations at 11801 W County Road 400 S continued after neighbors raise burning and equipment concerns
Summary
A request to modify an existing variance for a tree‑service business drew mixed testimony from neighbors and supporters; the board deadlocked on conditions and continued the case to July 30 for further review.
The board continued a disputed request from Steve's Trees to modify a previously approved variance allowing storage of vehicles and brush at 11801 West County Road 400 South. The case produced strong neighborhood testimony about open burning, the scale of equipment, and whether a 1.27‑acre parcel can reasonably host a commercial tree‑service operation.
The applicant, Steven Massie, said he had cleaned up prior brush piles and was planting screening arborvitae; he told the board he had called the fire department before burning and believed the recent conditions had improved. “If you drive out there today compared to 6 months ago, you'd be like, 'Wow,'” Massie said, pointing to cleanup progress and newly planted screening.
Opposing neighbors and counsel argued the use had already produced repeated, large open burns and visible stockpiles of wood waste. Counsel cited state open‑burn rules that prohibit burning of commercial wood waste. Several neighbors said they supported Massie's business in principle but asked that conditions bar commercial burning, limit business waste from being stored on the parcel, require screening of equipment and vehicles, and make any approval nontransferable.
A motion to approve a modified variance with conditions (including no business waste brought onto the property, no burning, screening of vehicles and limiting the approval to the applicant) resulted in a 3–3–1 roll call (three yes, three no, one abstain), meaning no action could be taken. The board continued the matter to the July 30 meeting and noted enforcement actions are generally held while a variance is pending; staff said the building commissioner typically does not pursue enforcement right away because enforcement itself takes time to process.
The continued hearing will allow the board time to clarify enforceable conditions around burning, waste, and screening and to consider neighbors' outstanding questions about property lines and long‑term business scale.
